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Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:

Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.

A review of Title 18 shows it is entitled:“CRIMES AND CRIMINAL PROCEDURE.”

Section 3559 is entitled: “Sentencing classification of offenses.”  Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.

Section 3571 is entitled: “Sentence of fine.  Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.”  Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7)for an infraction, not more than $5,000.”  This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.

The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559.  Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply.  Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank.  In my mind, it’s a blatant lie that borders on fraud.

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Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:

Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.

A review of Title 18 shows it is entitled:“CRIMES AND CRIMINAL PROCEDURE.”

Section 3559 is entitled: “Sentencing classification of offenses.”  Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.

Section 3571 is entitled: “Sentence of fine.  Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.”  Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7)for an infraction, not more than $5,000.”  This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.

The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559.  Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply.  Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank.  In my mind, it’s a blatant lie that borders on fraud.

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